NSW Returning from maternity leave

[Jkeb82]

Hi, hoping someone can give me some advice on my situation.
I am currently on maternity leave from my full time position. I emailed my employer asking to return to my position in a job share capacity on my return. The employer has said no and has given me a substantial response as to why that can’t be done. That’s all fine.
So I extended my maternity leave another 12 months because I’m not prepared to come back full time yet.
The HR department has contacted me and said that a part time role is available FIXED TERM for 12 months and asked if I’d be interested as it’s very similar to my current role.
They are saying to me though, if I want the role I have to quit my current role Full time role as an employee and take a fixed term contract with no guarantee of on going work.
I asked if I could do the fixed term contract and then return to my full time role once it’s completed as it will fit in perfect with the extention of my maternity leave. They said no.
Is this allowed by my employer? Do you think I have any rights to keep my full time status and take the secondment role?

 

[Rod]

Without knowing the job and the employer's substantial reasons it is not possible to comment. Both of these factors affect the answer to your questions.

 

[Adam1user]

In addition to Rod comment, I think you need to think from the point of view of the employer, the job can't be tailored to your situation, if you go to fixed term , then you need to quit your full time, if the full time is still available when you finish the fixed term, then most properly the employer will hire you for it, but if the position is filled, they can not fire that person and employ you,
From what you wrote, it does not seem the employer is doing anything wrong, by contacting you and giving you options, that shows they are trying to help you as you asked, so I think you need to think from the point of view of the employer.
Good luck,

 

[Jkeb82]

Thanks for the responses. I ended up checking with a legal service late yesterday afternoon.
Whilst there are no legal grounds for my situation it begs the question to the employer.....
If they are willing to hold my role open for a further 12 months for an extension of my maternity leave and the newly created fix term position doesn’t affect employment of anyone else then really why is there any reason to have to resign for my current position now. It ideally should be open to me to decide in 12 months time.
We will see what happens.......